HomeMy WebLinkAboutLand Use Case.CU.1286 Snowbunny Ln.A020-99
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A020-99
2735-013-11003
Melville Conditional Use for an ADU
1286 Snowbunny Lane
Chris Bendon
ADU
Ralph Melville
Craig Melville
4/6/99
Reso 5-99
3/6/00
Chris bendon
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MEMORANDUM
RE;
Planning and Zoning Commsision
Julie Ann Woods, Community Development Director ()f}yJ.
Joyce Ohlson, Deputy Director '* . r' .
Christopher Bendon, Planner a\~VJ '
Melville Conditional Use for an Accessory Dwelling Unit
- Public Hearing
1290 Snowbunny Lane
TO:
THRU:
FROM;
DATE:
April 6, 1999
SUMMARY:
Ralph Melville, owner, represented by Craig Melville, has applied for Conditional
Use approval for an Accessory Dwelling Unit to be located in the basement of a
duplex residence on Snowbunny Lane. The property is currently developed as a
single-family home and the proposed development is for a duplex residence. An
Accessory Dwelling Unit will provide for an exemption from GMQS.
The ADU includes approximately 600 square feet of net livable space including
storage and closet areas. The plans include a bedroom separate from the main living
area and generous kitchen and living area. Based on comments from staff, the
applicant has provided storage area, more windows, and a connection to the
mechanical area.
This Accessory Dwelling Unit meets or exceeds all development standards and has
been reviewed and recommended for approval by the appropriate referral agencies.
Staff recommends approval of the Conditional Use for an Accessory Dwelling
Unit, with conditions.
ApPLICANT:
Ralph Melville. Represented by Craig Melville.
LOCATION:
1290 Snowbunny Lane. New duplex unit will be assigned a newnumber.
ZONING:
Moderate Density Residential (R-15).
LOT SIZE:
,15,014 square feet.
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LOT AREA (FOR PURPOSES OF FAR CALCULATION):
15,014 square feet (as represented by applicant).
FAR: '
Allowable - 4,920 square feet
Existing-I,867 square feet
Proposed - 4,238 square feet
These figures are represented by applicant and are subject to review by the Zoning
Officer.
CURRENT LAND USE:
Single-Family residence.
PROPOSED LAND USE:
Duplex residence with one attached Accessory Dwelling Unit.
PREVIOUS ACTION:
The Commission has not previously considered this application.
REVIEW PROCEDURE:
Conditional Use. The Commission shall approve, approve with conditions, or
disapprove the application at a public hearing.
BACKGROIlND:
The existing one story house will remain in place with the second duplex unit added
to the east end with the ADU below.
STAFF COMMENTS:
The original application proposed an ADU with very minimal natural light available
for the ADU, no storage area, and no ability to access the mechanical area. Based on
staff s concerns, the applicant has amended the plans to provide for a significant
amount of natural light in the basement ADU and to accommodate a large storage
area under the stairwell with a connection to the mechanical area serving the entire
structure.
Staffis very appreciative of these changes as the livability of the unit is vastly
improved. The result is an ADU with adequate light and air, a large kitchen, a
separate bedroom, storage, ability to access the mechanical area, and a generous
living area. This far exceeds the minimal living conditions typically provided_
, The interior connection to the mechanical area is accomplished with a substandard
size door (probably requiring the user to crawl) 'and is not expected to become an
interior "entrance" to the ADU.
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Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staffrecommends the Planning and Zoning Commission approve the Melville
Accessory Dwelling Unit, 1290 Snowbunny Lane, with the following conditions:
1) The building application shall include:
a) a current Site Improvement Survey indicating the nature of all easements of record
indicated on the property title commitment.
b) a completed and recorded sidewalk, curb, and gutter construction agreement and an
agreement to join any future improvement districts for the purpose of constructing
improvements which benefit the property under an assessment formula.
c) a completed and recorded ADU deed restriction on the property, a form for which may
be obtained from the Housing Office. The deed restriction shall be noted on the building
permit plans.
d) a drainage report and a drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer which maintains sediment aI)d debris on-site during
and after construction. If a ground recharge system is required, a soil percolation report
will be required to correctly size the facility. A 2 year storm frequency should be used in
designing any drainage improvements.
e) a tree removal or relocation permit from the City Parks Department for any trees to be
removed or relocated.
f), a completed tap permit with the Aspen Consolidated Sanitation District. The applicant
shalJ connect the ADU to the sanitary sewer in a manner acceptable to the ACSD
superintendent.
2. The building permit plans shalJ reflect/indicate:
a) Conformance with alJ aspects of the City's Residential Design Standards.
b) The proposed ADU is labeled as such and meets the definition of an Accessory DwelJing
Unit.
c) The ADU will contain a kitchen (having a minimum of a two-burner stove with oven,
standard sink, and a 6-cubic foot refrigerator plus freezer) and a bathroom (having a
minimum of a shower, sink, and a toilet).
d) The ADU has the minimum one (I) off-street parking space provided. The ADU space
must have clear access and cannot be stacked with a space for the primary residence.
e) The ADU meets alJ applicable UBC requirements for light and air.
f) The roof and stairway are designed to prevent snow and ice from falling on, or building-
up on, the entrance to the ADU. The applicant is encouraged to use open grate style stair
steps for the exterior stairway accessing the ADU.
g) Conformance with the City's requirements for driveways. Driveways must be separated by
25 feet or more (including neighboring driveways), and must be paved from the edge of the
street to the property line. Paving alternatives may be approved by the City Engineer.
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h) A fire suppression system if the gross square footage of the structure exceeds 5,000 square
feet.
i) A five (5) foot wide pedestrian usable space with a five (5) foot wide buffer for snow
storage at the edge of the street paving.
3. The applicant should provide separate utility taps and meters for each residential unit.
4. All utility meters and any new utility pedestals or transformers must be installed on the
applicant's property and not in any public right-of.way. Easements must be provided for
pedestals. All utility locations and easements must be delineated on the site improvement survey.
Meter locations must be accessible for reading and may not be obstructed.
5. The applicant must receive approval for any work within public rights-of-way from the
appropriate City Department. This includes, but is not limited to, approval for a mailbox and
landscaping from the City Streets Department.
6. All construction vehicles, materials, and debris shall be maintained on-site and not within public
rights-of-way unless specifically approved by the Director ofthe Streets Department. The
applicant shall inform the contractor of this condition.
7. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours
between 7 a.m. and 10 p.m.
8. Before applying for a buildingpeffilit, the applicant shall record this Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building.
There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City
Clerk who will record the resolution.
9. All material representations made by the applicant in the application and during public meetings
with the Planning and Zoning Commission shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions
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RECOMMENDED MOTION:
"I move to approve the Melville Accessory Dwelling Unit, 1290 Snowbunny Lane
with the conditions outlined in the Community Development Department memo dated
April 6, 1999."
ATTACHMENTS:
Exhibit A Review Criteria and Staff Comments
Exhibit B Referral Agency Comments
Exhibit C Vicinity Map
Exhibit D -- Development Application
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Exhibit A
Melville ADU
STAFF COMMENTS: ADU
Section 26.60.040, Standards Applicable to all Conditional Uses
(A) The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Comprehensive Plan, and with the intent of the
zone district in which ir is proposed to be located.
Staff Finding:
Development of a single-family home into duplex units requires an exemption from
GMQS. An Accessory Dwelling Unit with no mal1datory occupancy deed restriction is
consistent with the purposes, goals, objectives, and standards of the Aspen Area
Community Plan and qualifies as an exemption from Growth Management.
Accessory Dwelling Units are a conditional use in the R-15 Zone District.
(B) The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land
uses, or enhances the mixture of complimentary uses and activities in the
immediate vicinity of the parcel proposed for development.
Staff Finding:
The surrounding land uses are mixed single- and multi-family residential. There are
existing ADU's in the immediate area. The proposed development appears to be in the
same character as the immediate area.
(C) The location, size, design and operating characteristics ofthe proposed
conditional use minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties.
Staff Finding:
The proposed ADU has sufficient space to accommodate its parking demand on-site. The
applicant has been receptive to amending the floor plans and elevations of the ADU to
accommodate more windows, storage, and a connection to the mechanical area. Staff
believes these are important characteristics which promote high quality living
environments and is appreciative of the applicant's flexibility in designing the unit.
(D) There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks,
police,flre protection, emergency medical services, hospital and medical
services, drainage systems, and schools.
, Staff Finding:
Park fees are payable at building permit for the difference in the number of bedrooms per
unit. Infrastructure capacity is sufficient for this development and utilities are available.
The applicant will need to complete a tap permit for sanitation service and is subject to
connection fees. The ACSD may require the provision of separate taps for each unit.
Staff Comments page I
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(E) The applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the conditional use.
Staff Finding:
The conditional use mitigates itself.
(F) The proposed conditional use complies with all additional standards imposed on it by the
Aspen Area Comprehensive Plan and by all other applicable requirements of this title.
Staff Finding:
The applicant is not seeking any waivers or special considerations through this process.
The development appears to be in conformance with all other applicable standards of the
land use code.
Section 26.40.090, Accessory Dwelling Units
A. General Provisions
I) Accessory Dwelling units shall contain not less than three-hundred (300) square feet and
no more than seven-hundred (700) square feet of net livable area. The unit shall be deed
restricted, meeting the Housing Authority's guidelines for resident occupied units and
shall be limited to rental periods of not less than six (6) months in duration. Owners of
the principle residence shall have the right 10 place a qualified employee or employees of
his or her choosing in the accessory dwelling unit. One (I) parking space shall be
provided on-site for each studio unit, and for each bedroom within a one or two-bedroom
accessory dwelling unit.
StaffFinding:
The proposed ADU is approximately 600 square feet of net livable area. The applicant
will be required to file a deed restriction on the unit prior to building permit application.
2) An attached accessory dwelling unit shall be subject to all other dimensional
requirements of the underlying zone district.
Staff Finding:
The development appears to be in conformance with the provisions of the R-15 Zone
District. A zoning check is required through the building permit-review process.
3) A detached accessory dwelling unit shall only be permitted on parcels that have
secondary andlor alley access, exempting parcels with existing structures to be converted
to detached accessory dwelling units, detached garages or carports where an accessory
dwelling unit is proposed above, attached to, or contained within such detached garage or
carport. Detached accessory dwelling units are prohibited within the R- I 58 zone district.
Staff Finding:
The ADU is attached.
4) An attached accessory dwelling unit shall utilize alley access to the extent practical.
Staff Finding:
There is no alley which serves this property.
Staff Comments page 2
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A. Development Review Standards.
1) The proposed development is compatible and subordinate in character with the primary
residence located on the property and with the development located within the
neighborhood, and assuming year-around occupancy, shall not create a density pattern
inconsistent with the established neighborhood.
Staff Finding:
The ADU is subordinate in character to the primary units. The ADU, considering year-
round occupancy, is not expected to create a density pattern inconsistent with the
neighborhood.
3) The Planning and Zoning Commission and the Historic Preservation Committee may
'exempt existing nonconfonning structures, being converted to a detached accessory
dwelling unit, from 26.40.070(B)(2)(a-g) provided that the nonconfonnity is not
increased.
Staff Finding:
Not applicable. There are no non-conformities.
. 4) Conditional use review shall be granted pursuant to Section 26.60.040 Standards
applicable to all conditional uses.
Staff Finding:
Refer to Staff Comments for Conditional Use review.
C. Bandit Units.
Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to
November 1, 1988, and which complies with the requirements of this section may be legalized as
Staff Comments page 3
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an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform
Building Code, as determined by the Chief Building Official.
, Staff Finding:
Does not apply. This is not a bandit unit.
D. GMQSI Replacement Housing Credits.
Accessory dwelling units shall not be used to obtain points in the affordable housing category of
the Growth Management Quota System (GMQS). Only those units meeting the housing size,
type, income and occupancy guidelines of approval of the housing designee and the standards of
Section 26.100.090 may be used to obtain points in the affordable housing category. Accessory
dwelling units also may not be used to meet the requirements of Title 20 of the Municipal Code of
the City of Aspen, Colorado. "Residential Multi-Family Housing Replacement Program."
Staff Finding;
Does not apply. Multi-Family housing replacement applies to structures of three or more
units.
E. FAR for Accessory Dwelling Units.
For the purposes of calculating floor area ratio and allowable floor area for a lot whose principle
use is residential, the following shall apply: the allowable floor area for an above-grade attached
accessory dwelling unit shall be excluded to a maximum ofthree-hundred-fifty (350) square feet
of allowable floor area or fifty (50) percent of the size of the accessory dwelling unit, whichever is
less. This floor area exclusion provision only applies to accessory dwelling units which are
subject to review and approval by the Planning and Zoning Commission pursuant to conditional
use review and approval, Section 26.60.030 of this code, and the units must be deed restricted,
registered with the housing office, and available for rental to an eligible working resident of Pitkin
County. The owner retains the right to select the renter for the unit. An Accessory Dwelling Unit
separated from a principal structure by a distance of no less than ten (10) feet with a maximum
footprint of four hundred fifty (45) square feet, shall be calculated at fifty (50) percent ofthe
allowable floor area up to seven hundred (700) square feet of Floor Area. Any element linking
the principal structure to the accessory structure may be no more than one (I) story tall, six (6)
feet wide, and ten (10) feet long.
StaffFinding;
The unit does not qualifY for a Floor Area exemption and the applicant is not reque,ting a
Floor Area bonus.
Staff Comments page 4
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MEMORANDUM
To:
Chris Bendon, Planner
Thru:
Nick Adeh, City Engi/.,u,tp'
Chuck Roth, Project Engineer e {2-
From:
Date:
March 18, 1999
Re;
Melville Conditional Use for an Accessory Dwelling Unit
(1286 Snowbunny Lane; 2735-013-11-003)
The Development Review Committee has reviewed the above referenced application at their March
10, 1999 meeting, and we have the following cOmments:
General - These comments are based on the fact that we assume that the site plan can work and no
misrepresentation by the surveyor and site designer exists. The wording must be carried forward
exactly as written unless prior consent is received from the Engineering Department. This is to halt
complaints related to approvals tied to "issuance of building permit."
I. Improvement Survey - The improvement survey that was submitted does not meet state and
local statute. The survey must be performed within 12 months. The survey must be fully
../ monumented. hnprovements must be shown to the centerline of the adjacent public right-of-way.
The improvement survey also lacks acceptable information conceming easements. The revised
improvement survey must clearly state that "all easement of record as indicated on Title Policy
Number , dated [within past 12 months] are shown hereon." These revisions
must be incorporated prior to acceptance of a building permit application
2. Site Drainal!:e - The existing City storm drainage infrastructure system is does not have
./ additional capacity to convey increased storm runoff. The site development approvals must include
the requirement of meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4,f
and a requirement that the building permit application include a drainage mitigation plan (24"x36"
size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered
in the State of Colorado, submitted as part of the building and site plan, as well as a temporary
sediment control and containment plan for the construction phase. If drywells are an acceptable
solution for site drainage, a soils report must be provided with percolation test to verify the
feasibility of this type system. Drywells may not be placed within utility easements. The
foundation drainage system should be separate from storm drainage, must be detained on site, and
must be shown on drainage plans prior to permit drawings. The ADU drainage may be conveyed to
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existing landscaped areas if the drainage report demonstrates that the percolation rate and the
retention volume meet the design storm.
3. Sidewalk. Curb and Gutter - The development plans need to indicate a five foot wide
pedestrian usable space with a five foot buffer for snow storage. If there is curb and gutter, any
sections in need of replacement must be replaced prior to issuance of a certificate of occupancy. If
./ there is no curb and gutter, the applicant needs to sign an agreement to construct, and pay recording
fees. The applicant needs to sign a sidewalk construction agreement, and pay recording fees, prior
to issuance of a certificate of occupancy for new construction.
v' 4. Utility Connections - If it is anticipated that the duplexes will be condominiumized, separate
utility taps need to be provided for each half of the duplex.
5. Drivewavs - At the time of redevelopment, the driveways must be redeveloped as necessary in
/' order to meet City Code requirements for driveways. This includes the requirement of 25 feet
between driveways including driveways on adjacent properties and paving from the edge of the
street to the property line.
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6. Fire Marshal - If the area of the structure exceeds 5,000 square feet, sprinklers must be
installed. The plans will be reviewed by the Fire Marshall at the time of application for a building
permit.
7. Work in the Public Ril!ht-of-wav - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes, street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from the city community development department.
DRC Attendees
Staff; Sarah Oates, Chris Bendon, Ed Van Walraven, Rebecca Schickling, Chuck Roth
Applicants: Ralph & Craig Melville
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Aspen Consolidated Sanitation District
Sy Kelly * Chairman
Paul Smith * Treas
Michael Kelly * Secy
John Keleher
Frank Loushin
Bruce Matherly, Mgr
March U, 1999
RECEIVED
. MAR 1 6 1999
Chris Bendon
, Community Development
130 S. Galena
Aspen, CO 81611
ASPt:N I t'H (\IN
COMMUNITY'OEVELOPMENT
Re: Melville ADD
Dear Chris:
The District currently has sufficient collection and treatment capacity to serve the proposed.
development. Service is contingent upon the District's rules, regulations, arid specifications which
are on file at the District. office..
The total connection charges for the project Cari be estimated once detailed plaris are available arid
a tap permit is completed at our office. . We would request, as a condition of approval, that the
total conntjction fees be paid prior to the issuapce of a building permit. .
,
Sincerely,
,,~~~~,
Bruce, Matherly
District Mariager '
565 N.Mill St.,Aspen, CO 81611/(970)925-3601/ FAX (970) 925-2537
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tiousi ng Office
City of ' Aspen/Pitkin County
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536 East Main,'5treet, Lower Level "
, Aspen, Colorado 81611
, (970) 920-5050
Fa~; (970)920-5580
TO:
MEMORANDl/M'
. Chris Sendon, Cor:nr:nuni~ Develop~ent Dept. ,
FROM:
"DATE:
,'RE:
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Melville 1286 Snowr:nbunny Lane .ADU .
. Parcel 10 No. 2735..013-11-003 .' ,
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.. REQUEST: The applicant is -requesting approval for aq accessory dwelling unit to belocatect in the lower
Jevel of the main home: " ., . . ,
1.
The unit r:nust be a totally private, unit, which r:neans the unit must have ,a private entrance and there'
shall be no other roor:ns in this unit that need to be utilized by the individuals in the principal'
residEmce;i.e:;a mechanical roof)1'for theprincjpal re~idence.
2.
3. ,
4.
A deed restriction MUST be recorded PRICR to building permit approval. The deed restriction shall
'be obtained from the Housing .office. .
. RECOMMENDATION: Afteneviewing' the'appiication, the Housing .office recommends ' approval on. the
,60ndition'that issues 1-5 above are met prior t.6building permit approval, Prior to C.C. the Housing .office
requires ,a.site tour to inspeCt the.unlt. ." .' , . '.
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PUBLIC NOTICE
RE: 1290 SNOWBUNNY LANE, CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 6,
1999 at a meeting to begin at 5 :30 p.m. before the Aspen Planning and Zoning
Commission, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an
application submitted by Ralph Melville, 1290 Snowbunny Lane, Aspen, CO 81611,
requesting Conditional Use approval to construct an accessory dwelling unit. The
property is located at 1290 Snowbunny Lane, and is legally described as Lot 5, Block 2,
Snowbunny Subdivision. For further information, contact Chris Bendon at the
AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO (970)
920-5072, chrisb@ci.aspen.co.us.
stRobert B1aicl1, Cl1air
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 20, 1999
City of Aspen Account
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,.-, LAND USE ApPLICATION ~.
PROJECT:
Name: rd.-CO/., Sno\.Vb\AflY\)I LaY\-e... Y;;l... Dl.A('\-e.x'
Location: J2fJ6 Sno""'\'l,,(,(\/\~ La,,~) Lnt- 5' ~\ovk::2. .sno....,b~M>,I ~\.J'v.l!,jl<
(Indicate street address. 10 & block number, legal description where appropriate)
ApPLICANT:
Name: Ro.\'fh Me.\vI \ \ €.-
Address: \? q 0 ~y) O\-V 0LA n (\ y
Phone#: q'). 5"- --.:rh <i5'"3
k~
REPRESENTATIVE:
Name: c.m'9 Me\v',) e....
Address: 333 E. Dt...tn:::u'\+ ~
Phone #: q'J.. S - T-=t-4l-
TYPE OF ApPLICATION: (please check all that apply):
~ Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split 0 Temporary Use 0 Other:
0 Lot Line Adjustment 0 TextlMap Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
I
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
I
Have you attached the following?
o Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
FEES DUE: $~S. 00
/.....,
~
ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
A~reement far Payment af City of Aspen Devela\)mentApplicatian Fees
CITY OF ASPEN (hereinafter CITY) and-'(""\O '" Me\v\ \\e-
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required fmdings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of ap~\iol)-,comPleteness, APPLICANT shall pay an initial deposit in the
amount of$ ~5" oOwhich is for ;\- \<e...asHF3 sf CalHmnt.1.j~, Dli"'~lg~Ffl8Rt gtat:f time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such periodic
payments ,shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN
APPLICANT,
By:
. c:LvJ.
By: ~ ~ t!'4-.~.
Date: z-z;;f:;.b /0/0/9'
ie Ann Woods
ommnnity Development Director
Mailing Address:
333 e, 'Dun;:u\+-- k,
fJr;., fP--^ } CO "'b \ b II
.'~
.~
ATTACHMENT 2
DIMENSIONAL REQUIREMENTS FORM
Pr?ject: \ '2 q 0 5 VI 0 \'V" b l4 Yll'l Y La 1'\..e- DUll? 1 ~x
Apphcant: j<.a\? h M e-\v \ \ \e..
Location; \'~ q 0 51)oW'bl-lY'Il')I I-a....e) 1.-0+ 5' B\oc.-k 2. 51'\"""6...."''0/ ~b!iv','>li
Zone District: _R \ S- .
Lot Size: \ S) 0) 1-\ $q. 4'
Lot Area: \ 5") 0 \ '1~, .
(for the purposes 0 calculating Floor Area, Lot Area maybe reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable:
Number of residential units;
Number of bedrooms:
Existing:
Existing:
Existing:
-
\
3
Proposed:
Proposed:
Proposed:
~
q
Proposed % of demolition (Historic properties only):
DIMENSIONS:
Floor Area:
\rb~ ,H-.
Existing.,'a \1 \:; Allowable: l..\'1dOt:>{proposed: 4?:~ "D .sq. k-,
Existing: \3 r-b- Allowable: :>S- t&-.Proposed:d-3. 5" fb
Principal bldg. height:
Access. bldg. height: Existing: - Allowable: - Proposed:-
'3 'Io\/\~l<u.t<e.l q IoIA-st-cu..1CW 4 """'- t-cv;..\<.e.{
On-Site parking: Existing:b -skc.K..J Required: '1-$~ Proposed: 1'- sh:cc.-ke.,\
% Site coverage: Existing: Required: Proposed:
% Open Space: Existing: Required: tJ Ol"e.- Proposed:
Front Setback: Existing: 1..\0 Ft. Required: -:lS Fl. Proposed: 2.ct P-b
Rear Setback: Existing:;tS F--h. Required: 10 Pi>. Proposed:::l5 ft..
Combined FIR: Existing: 6<0 pt- Required: Proposed: 5'~ F--b
. \JJ e... t- Side Setback; Existing: \ 5'", f-b. Required: IOPt. Proposed: \ s;-: foe
12CV'> -\- Side Setback: Existing: 'bc6 Vi,. Required: 10 P-b-. Proposed: \ $; ~-b-.
Combined Sides: Existing: 53 f1;-'Required: Proposed: 3Dt='o\;-
Existing non-conformities or encroachments: Non&-
Variations requested: jVone....
1""'\
,,-.,
1286 Snowbunny Lane Duplex
Minimum Submission Contents - Attachment 3
1. The applicant, Ralph Melville, authorizes Craig Melville as his representative authorized to
act on his behalf in all matters regarding the approval of an accessory dwelling unit and the
development of a duplex at 1286 Snowbuuny Lane, Lot 5 Block 2 of the Snowbunny
Subdivision
Applicant: Ralph Melville Representative:
1290 Snowbunny Lane
Aspen, CO 81611
970-925-7683
Applicant's Signature <d.~4. ~ ..<?~
Dated .iZz:..~.? Y o/o/'}P
Craig Melville
262 Goose Lane
Carbondale, CO 81623
970-963-0935
2.
Development Address:
1286 Snowbunny Lane, Lot 5 Block 2, Snowbunny
Subdivision
3. See Attached Title
4. See Attached Vicinity Map
5. See Attached Site Improvement Survey
"
..-.,
~
LAN D
TIT L E
GUARANTEE
COM PAN Y
THANK YOU FOR YOUR ORDER-
September 25, 1998
Our Order No.:
QTF372189
OWNER;
RALPH P. MELVILLE and MARIAN H. MELVILLE, as
Tenants in Common
ADDRESS;
ASPEN, CO 81611
1290 SNOWBUNNY LANE
-----------------------------------------------
FOR ANY FOLLOW-UP PLEASE REFER
TO OUR ORDER NUMBER : QTF372189
-----------------------------------------------
COUNTRYWIDE HOME LOANS
----2454 HIGHWAY 6 & 50, #133
GRAND JUNCTION, CO 81505
Attn:
970 244-7748
Copies: 2
.""
""
Policy ,6. LTFJ372189
Amount $518,022.00
Form AL 4/95
Order No. QTF372189
SCHEDULE 'A
Address
1290 SNOWBUNNY LANE
ASPEN, CO 81611
1. Policy Date:
April 24, 1998 AT 11;45 A.M.
2. Name of Insured:
COUNTRYWIDE HOME LOANS, INC., ITS SUCCESSORS AND/OR ASSIGNS
3. The estate or interest in the land described in this Schedule
and which is encumbered by the insured mortgage is;
A Fee Simple
4. The estate or interest referred to herein is at Date of Policy
vested in:
RALPH P. MELVILLE and MARIAN H. MELVILLE, as Tenants in Common
5. The mortgage, herein referred to as the insured mortgage, and
the assignments thereof, if any, are described as follows:
DEED OF TRUST DATED April 23, 1998, FROM RALPH P. MELVILLE and MARIAN
H. MELVILLE, as Tenants in Common TO THE PUBLIC TRUSTEE OF PITKIN COUNTY
FOR THE USE OF COUNTRYWIDE HOME LOANS, INC., TO SECURE THE SUM OF
$518,022.00 RECORDED April 24, 1998, UNDER RECEPTION NO. 416017.
6. The land referred to in this policy is situated in PITKIN County, Colorado,
and is described as follows:
LOT 5, BLOCK 2
SNOWBUNNY SUBDIVISION
AS SHOWN ON THE PLAT THEREOF RECORDED AS DOCUMENT NO. 105066 OF THE RECORDS
FOR PITKIN COUNTY.
COUNTY OF PITKIN, STATE OF COLORADO
Page
1
LAND TITLE GUARANTEE COMPANY
This Policy valid only if Schedule B is attached,
r--.
.r-"
Policy ~~.LTFJ372189
Form AL 4/95
Order No. QTF372189
SCHEDULE B-I
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection of the
premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material theretofore
or hereafter furnished, imposed by law and not shown by the public records.
5. GENERAL OR SPECIAL TAXES AND ASSESSMENTS REQUIRED TO BE PAID IN THE YEAR
1999 AND SUBSEQUENT YEARS.
6. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE
PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER
SERVICE OR STREET IMPROVEMENT AREA.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED June 08, 1888, IN BOOK 55 AT
PAGE 2.
8. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
SNOWBUNNY SUBDIVISION RECORDED MAY 2, 1957 IN PLAT BOOK 2A AT PAGE 229.
9. EASEMENT 5.00 FEET IN WIDTH ALONG REAR AND SIDE LOT LINES FOR UTILITY
PURPOSES AS .SET FORTH IN INSTRUMENT RECORDED MAY 2, 1957 IN BOOK 181 AT
PAGE 255.
10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED May 02, 1957, IN BOOK 181 AT
PAGE 255.
11. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND EFFECTS OF DECLARATION OF
TRUST RECORDED AUGUST 8, 1958 IN BOOK 184 AT PAGE 435.
12. TERMS, CONDITIONS AND PROVISIONS AS CONTAINED IN FENCE AGREEMENT RECORDED
AUGUST 3, 1994 IN BOOK 757 AT PAGE 433.
ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
**** ENDORSEMENT FORM 100 ****
THE COMPANY HEREBY INSURES AGAINST LOSS WHICH SAID INSURED SHALL SUSTAIN BY
REASON OF ANY OF THE FOLLOWING MATTERS:
1. ANY INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES:
(A) THAT THERE ARE NO COVENANTS, CONDITIONS, OR RESTRICTIONS UNDER WHICH
Page 2
"-..,,
r'\.
Policy N~. LTFJ372189
Form AL 4/95
Order No. QTF372189
SCHEDULE B-I
THE LIEN OF THE MORTGAGE OR DEED OF TRUST REFERRED TO IN SCHEDULE A CAN BE
CUT OFF, SUBORDINATED, OR OTHERWISE IMPAIRED;
(B) THAT, EXCEPT AS SHOWN IN SCHEDULE B, THERE ARE NO PRESENT VIOLATIONS ON
SAID LAND OF ANY ENFORCEABLE COVENANTS, CONDITIONS, OR RESTRICTIONS;
(C) THAT, EXCEPT AS SHOWN IN SCHEDULE B, THERE ARE NO ENCROACHMENTS OF
BUILDINGS, STRUCTURES, OR IMPROVEMENTS LOCATED ON SAID LAND, ONTO ADJOINING
LANDS, NOR ANY ENCROACHMENTS ONTO SAID LAND OF BUILDINGS, STRUCTURES, OR
IMPROVEMENTS LOCATED ON ADJOINING LANDS.
2. FUTURE VIOLATIONS ON SAID LAND OF ANY COVENANTS, CONDITIONS, OR
RESTRICTIONS OCCURRING PRIOR TO ACQUISITION OF TITLE TO SAID ESTATE OR
INTEREST BY THE INSURED, PROVIDED SUCH VIOLATIONS RESULT IN LOSS OR
IMPAIRMENT OF THE LIEN OF THE MORTGAGE OR DEED OF TRUST REFERRED TO IN
SCHEDULE A OR RESULT IN LOSS OF THE TITLE TO SAID ESTATE OR INTEREST IF THE
INSURED SHALL ACQUIRE SUCH TITLE IN SATISFACTION OF THE INDEBTEDNESS
SECURED BY SUCH MORTGAGE OR DEED OF TRUST.
3. DAMAGE TO EXISTING IMPROVEMENTS WHICH ARE LOCATED OR ENCROACH UPON THAT
PORTION OF THE LAND SUBJECT TO ANY EASEMENT SHOWN IN SCHEDULE B, WHICH
DAMAGE RESULTS FROM THE EXERCISE OF THE RIGHT TO USE OR MAINTAIN SUCH
EASEMENT FOR THE PURPOSES FOR WHICH THE SAME WAS GRANTED OR RESERVED.
4. ANY FINAL COURT ORDER OR JUDGMENT REQUIRING REMOVAL FROM ANY LAND
ADJOINING SAID LAND OF ANY ENCROACHMENT SHOWN IN SCHEDULE B.
WHENEVER IN THIS ENDORSEMENT ANY OR ALL OF THE WORDS "COVENANTS, CONDITIONS
OR RESTRICTIONS" APPEAR, THEY SHALL NOT BE DEEMED TO REFER TO OR INCLUDE
THE TERMS, COVENANTS AND CONDITIONS CONTAINED IN ANY LEASE REFERRED TO IN
SCHEDULE A.
THE TOTAL LIABILITY OF THE COMPANY UNDER SAID POLICY AND ANY ENDORSEMENTS
THEREIN SHALL NOT EXCEED, IN THE AGGREGATE, THE FACE AMOUNT OF SAID POLICY
AND COSTS WHICH THE COMPANY IS OBLIGATED UNDER THE CONDITIONS AND
STIPULATIONS THEREOF TO PAY.
THIS ENDORSEMENT IS MADE A PART OF SAID POLICY AS OF THE DATE THEREOF AND
IS SUBJECT TO THE SCHEDULES, CONDITIONS AND STIPULATIONS THEREIN, EXCEPT AS
MODIFIED BY THE PROVISIONS HEREOF. NOTHING HEREIN CONTAINED SHALL BE
CONSTRUED AS EXTENDING OR CHANGING THE EFFECTIVE DATE OF THE AFORESAID
POLICY OR COMMITMENT, UNLESS OTHERWISE EXPRESSLY STATED.
***********ENDORSEMENT 335.6***********
THE INSURANCE AFFORDED BY THIS ENDORSEMENT IS ONLY EFFECTIVE IF THE LAND IS
USED OR IS TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES.
THE COMPANY INSURES THE INSURED AGAINST LOSS OR DAMAGE SUSTAINED BY REASON
OF LACK OF PRIORITY OF THE LIEN OF THE INSURED MORTGAGE OVER:
(A) ANY ENVIRONMENTAL PROTECTION LIEN WHICH, AT DATE OF POLICY, IS RECORDED
IN THOSE RECORDS ESTABLISHED UNDER STATE STATUTES AT DATE OF POLICY FOR THE
PURPOSE OF IMPARTING CONSTRUCTIVE NOTICE OF MATTERS RELATING TO REAL
PROPERTY TO PURCHASERS FOR VALUE AND WITHOUT KNOWLEDGE, OR FILED IN THE
Page 3
, , "
Form AL 4/95
r,.
,1"""\
Policy N, LTFJ372189
Order No. QTF372189
SCHEDULE B-I
RECORDS OF THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
IN WHICH THE LAND IS LOCATED, EXCEPT AS SET FORTH IN SCHEDULE B; OR
(B) ANY ENVIRONMENTAL PROTECTION LIEN PROVIDED FOR BY ANY STATE STATUTE IN
EFFECT AT DATE OF POLICY, EXCEPT ENVIRONMENTAL PROTECTION LIENS PROVIDED
FOR THE BY THE FOLLOWING STATE STATUTES; NONE
THIS ENDORSEMENT IS MADE A PART OF THE POLICY AND IS SUBJECT TO ALL OF THE
TERMS AND PROVISIONS THEREOF AND OF ANY PRIOR ENDORSEMENTS THERETO. EXCEPT
TO THE EXTENT EXPRESSLY STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND
PROVISIONS OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT EXTEND THE
EFFECTIVE DATE OF THE POLICY AND ANY PRIOR ENDORSEMENTS, NOR DOES IT
INCREASE THE FACE AMOUNT THEREOF.
SCHEDULE B- II
In addition to the matters set forth in Part I of this Schedule, the title to
the estate or interest in the land described or referred to in Schedule A is
subject to the following matters, if any be shown, but the Company insures that
the lien or charge of the insured mortgage upon said estate or interest is
prior to such matters.
NONE
Page 4
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1286 Snowbunny Lane Duplex
Written Response to Review Standards -Attachment 5
1. The proposed accessory dwelling unit is compatible with both the primary residence and
the development within the neighborhood. The acc~<:9( dwelling unit is below grade.
The only elements of it which are visible are an elft}y'OO'Gf~tIts-staircase and a sij:}gle
window well. Both of these are designed to match the primary residence,
2. The proposed accessory dwelling unit complies with all ofthe dimensional requirements.
(See Attachment 2 - Dimensional Requirements Form)
3. NI A. The accessory dwelling unit is neither detached nor does it affect an existing historic
building.
;--... LAND USE ApPLICATION ~
PROJECT:
Name: \')..~b Sno\.Vbu.Y'my Lan-€- y~ Du(?'~)(
Location: "J 6 Sr-..o""'~""'(\ (\ l-a. tl€. +- 5" e)\oc-k:2 'sOO....,b\.tM
(Indicate street address, 10 & block number, legal description where appropriate)
ApPLICANT:
Name;
Address;
Phone #:
Me..\ v\ \ e.-
:;AO\.V bVlI'l ny
'b3 .
k.~
REPRESENTATIVE:
Name; cm\g Me\vl) e.-
Address: 333 E. Du. ("\ + A--v-<-
Phone #: q?- 5'- T---=J-4l-
TYPE OF ApPLICATION: (please check all that apply):
I5(l Conditional Use 0 Conceptual PUD
o Special Review 0 Final PUD (& PUD Amendment)
o Design Review Appeal 0 Conceptual SPA
o GMQS Allotment 0 Final SPA (& SPA Amendment)
o GMQS Exemption 0 Subdivision
o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes
Margin, Hallam Lake Bluff, condominiumization)
Mountain View Plane
o Lot Split
o Lot Line Adjustment
o Temporary Use
o TextlMap Amendment
~\J\II'I~'"
I
/
t;.Slt74
o Conceptual Historic Devt.
o Final Historic Development
o Minor Historic Devt.
o Historic Demolition
o Historic Designation
o Small Lodge Conversion!
Expansion
o Other:
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
I
I """"""'CO (d=riptioo ,f""""'" bmI_. "" modi'om,,,, ~,.)
Have you attached the following?
o Pre-Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #2, Dimensional Requirements Form
o Response to Attachment #3, Minimum Submission Contents
o Response to Attachment #4, Specific Submission Contents
o Response to Attachment #5, Review Standards for Your Application
FEESDuE: $~S. 00
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